When families entrust a nursing home with the care of a loved one, they expect a safe environment, proper supervision, and respectful treatment. Unfortunately, not all facilities live up to that standard. Each year, thousands of civil lawsuits are filed against nursing homes in the United States, often involving serious injuries or preventable deaths.

These legal actions serve not only as a means of accountability but also as a deterrent to systemic neglect and abuse. This article outlines the most common types of lawsuits filed against nursing homes, providing a clear understanding for families considering legal recourse and for professionals monitoring care standards.

1. Negligence and Failure to Provide Adequate Care

Negligence is by far the most frequently cited claim in nursing home lawsuits. These cases generally center around a facility’s failure to meet basic care standards, which can lead to a range of injuries or health complications.

Examples of negligent care include:

• Not turning immobile patients regularly, leading to pressure ulcers (bedsores)
• Failing to monitor vital signs or changes in health
• Providing incorrect medications or dosages
• Poor hygiene or unsanitary conditions

According to a study published in Health Affairs, nearly 60% of nursing home residents with pressure ulcers developed them after admission, suggesting preventable causes tied to inadequate care. Facilities have a duty to follow individualized care plans, and deviations can quickly become grounds for legal action.

2. Physical Abuse

While less common than neglect, physical abuse in nursing homes is deeply disturbing—and often goes unreported. Abuse may come from staff, other residents, or even visitors.

Forms of physical abuse include:

• Hitting, slapping, or restraining residents without justification
• Force-feeding or rough handling during care
• Unexplained bruises, fractures, or repeated injuries

The National Center on Elder Abuse has indicated that only 1 in 14 cases of elder abuse is formally reported, making litigation one of the few ways victims or their families can uncover systemic problems. Lawsuits often lead to investigations that expose broader misconduct.

3. Sexual Abuse

Sexual abuse in nursing homes is one of the most underreported—and most egregious—violations. These cases may involve vulnerable residents who are cognitively impaired and unable to communicate or understand what has happened.

Warning signs can include:

• Sudden withdrawal or fear of staff
• Genital injuries or sexually transmitted infections
• Behavioral changes without medical explanation

Facilities can be held liable not only for the abuse itself but also for failing to conduct proper background checks or for ignoring prior complaints about staff conduct.

4. Financial Exploitation

Although many associate nursing home lawsuits with physical harm, financial exploitation is also a major area of litigation. Staff members, and occasionally other residents, have been known to manipulate or outright steal from elderly individuals.

Common tactics include:

• Coercing residents into signing over checks or legal documents
• Misusing credit or debit cards
• Theft of valuables from rooms

Financial abuse may go unnoticed until family members discover suspicious activity, at which point civil claims can be brought for restitution and damages. Nursing homes may be found negligent if they failed to supervise or allowed such exploitation to continue unchecked.

5. Wrongful Death

When substandard care or direct harm leads to a resident’s death, the surviving family may file a wrongful death lawsuit. These cases often follow incidents involving falls, untreated infections, medication errors, or staff misconduct.

To succeed in a wrongful death claim, plaintiffs typically must show:

• A duty of care existed
• That duty was breached
• The breach directly caused the resident’s death
• Damages resulted, such as funeral costs or emotional suffering

While these claims can be emotionally taxing, they often bring attention to systemic issues within a facility, leading to improved protocols and, in some cases, criminal referrals.

6. Falls and Fractures Due to Inadequate Supervision

Falls account for a significant percentage of injuries in nursing homes, and many are preventable with proper monitoring and mobility support. The CDC reports that each year, around 1,800 nursing home residents die from fall-related injuries, and countless more suffer long-term disability.

Legal claims often arise when:

• Fall risk assessments were not conducted or updated
• Facilities failed to provide mobility aids or assistance
• Staffing shortages led to unsupervised movement

These lawsuits argue that injuries resulted from predictable risks the nursing home did not mitigate. Claims may also extend to architectural flaws, such as poor lighting or lack of handrails.

7. Medical Malpractice by On-Site Professionals

Medical malpractice claims in nursing home settings differ slightly from general negligence, as they typically involve licensed medical providers such as doctors, nurses, or therapists. These cases may focus on misdiagnosis, delayed treatment, or improper medical procedures.

Common malpractice allegations include:

• Administering the wrong medication or dosage
• Failing to treat infections or chronic conditions
• Ignoring clear signs of health deterioration

Facilities can be held liable if they knowingly allowed unqualified staff to operate without oversight or failed to follow proper medical protocols.

8. Violations of Residents’ Rights

Every nursing home resident is entitled to certain rights under federal and state law, including dignity, privacy, and the ability to participate in their own care decisions. Violations of these rights may not always cause physical harm, but they can still form the basis for civil litigation.

These cases may involve:

• Isolation from family without consent
• Coercive control over finances or personal decisions
• Discrimination or harassment

Federal regulations like those under the Nursing Home Reform Act mandate that residents receive care in a manner that promotes their well-being. Facilities that ignore these principles may face regulatory penalties in addition to lawsuits.

Conclusion

Nursing home lawsuits are often the last resort for families who have seen a loved one harmed due to neglect, abuse, or inadequate care. While the types of claims can vary, they all reflect a failure to uphold basic responsibilities in an environment designed to support the vulnerable. Understanding the most common legal actions—whether it’s neglect, abuse, or financial exploitation—can empower families to protect their rights and seek accountability when needed.

If you suspect your loved one has experienced harm in a nursing facility, consult an attorney who focuses on nursing home litigation. Timely legal guidance can ensure evidence is preserved and help you navigate complex healthcare and liability laws to pursue justice effectively.

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